An appeal is not a new hearing, but is a review of the record of the original hearing. It serves as a procedural safeguard for the student. The burden of proof shifts from SKC to the student(s) found responsible for the policy violation. The student must show one or more of the listed grounds for an appeal.
- Appeals must be submitted in writing to the President within five (5) Salish Kootenai College working/school days of receiving the decision. Failure to file an appeal within the prescribed time constitutes a waiver of any right to an appeal.
- The appeal must cite at least one of the following criteria as the reason for appeal and include supporting argument(s):
- The original hearing was not conducted in conformity with prescribed procedures and substantial prejudice to the complainant or the respondent resulted.
- The evidence presented at the previous hearing was not “sufficient” to justify a decision against the student or group.
- New evidence which could have substantially affected the outcome of the hearing has been discovered since the hearing. The evidence must not have been available at the time of the original hearing. Failure to present information that was available is not grounds for an appeal.
- The sanction is not appropriate for the violation. This provision is intended to be utilized when a determined sanction is inherently inconsistent with SKC procedures or precedent. Simple dissatisfaction with a sanction is not grounds for overturning a sanction under this provision.
- The President will review the record of the original hearing, including documentary evidence. It is the President’s discretion to convert any sanction imposed to a lesser sanction, to rescind any previous sanction, or to return a recommended sanction to the original hearing committee for review/or reconsideration. If there is new evidence (unavailable at the time of the hearing through no fault of the parties) which is believed to substantially affect the outcome, or evidence presented at the previous hearing(s) was “insufficient” to justify a decision against the student or group, or a finding that a substantial procedural error resulting in prejudice occurred, the matter may be remanded to either a rehearing of the entire matter or reconsideration of specific issues. If remanded to the original hearing committee, either or both students may appeal the committee’s decision to the President and the procedures set out above shall control the appeal.
- The final decision will be communicated in writing by the President to the appealing student(s). The decision will be communicated within ten (10) working/school days of receiving the written recommendation. Both parties will be notified of the final outcome of the appeal.
- The decision of the President on appeal shall be final.